temple at Nalanda.
It appears that a probate case was filed by the present
petitioner which was granted ex parte. Subsequently, the
respondent filed revocation ... Section 263 of the India
Succession Act for revocation of the probate granted in favour of
Patna High Court C.Misc
decision , it appears that in
that case injunction was granted by this Court in a probate case
relying on decision of the Supreme Court
petitioner. The petitioner
filed Probate Case and the Probate Case has been allowed and
certificate of Probate has already been granted. On the basis
contest the Probate Case.
Since only permission has been granted to contest the probate case, I do not
find any reason to interfere with
submitted that the probate application, under Section 276
of the Indian Succession Act, was filed by the petitioner for grant of
probate certificate ... unless
it is proved, the probate case will not be disposed and, therefore, if
permission is not granted, it will seriously prejudice the petitioner
submission of learned counsel for the
petitioner that earlier liberty was granted to the petitioner to file
application at appropriate stage is concerned, according ... time of final hearing of the suit arising out
of the probate case. Thus, this civil miscellaneous application is
dismissed.
5. Learned counsel
passed by learned Ad hoc Second Addl. District Judge,
Rohtas in Probate Case No.37 of 2009 whereby the learned Court
below refused to recall ... Court below recorded a finding that from 22.07.2011, many
adjournments were granted with direction to the petitioner to produce
evidences / examination of witnesses
Court below has rejected the application
filed by the petitioner to hear Probate Case No. 42 of 2012 and
Title Suit ... Muzaffarpur is the property covered by the Will for which
Probate Case has been filed and that property is not the subject
matter in Title
Order
41 Rule 27 C.P.C . on the ground that the probate certificate, which
is sought to be adduced as an additional evidence ... produced by the appellant
during the trial as the certificate has been granted in the year 2012.
3. In view of the finding
filed by the petitioner. It may be
mentioned here that both the probate case and revocation case
have been filed by the present petitioner ... concerned, it has been filed for revocation of the succession
certificate granted to respondent no.1 in succession case filed by
respondent no.1.
Therefore
